| Posted By |
Message |
BabyFever
LIF Adult
Member since 8/06 1050 total posts
Name:
XXXXXXXXXX
|
FMLA?
If you go on FMLA and its unpaid can they make you use your sick and vacation time to pay for it. I was going to take the while thing unpaid. And a co-worker mentioned them making you use sick and vacation time
|
Posted 2/5/08 1:16 PM  |
| |
|
Long Island Weddings
Long Island's Largest Bridal Resource |
Preguntas
it's pretty precious
Member since 1/07 3839 total posts
Name:
Lauren
|
Re: FMLA?
FMLA doesn't require you use any time, but your company may. You should ask your HR department.
|
| Posted 2/5/08 1:17 PM |
| |
|
headoverheels
s'il vous plaît
Member since 6/07 42079 total posts
Name:
LB
|
Re: FMLA?
Posted by Preguntas
FMLA doesn't require you use any time, but your company may. You should ask your HR department.
exactly. mine makes me use all my paid time concurrently with the FMLA.
|
| Posted 2/5/08 1:20 PM |
| |
|
Preguntas
it's pretty precious
Member since 1/07 3839 total posts
Name:
Lauren
|
Re: FMLA?
you could always use your vacation/ sick time BEFORE delivery- give yourself some time to relax.
FMLA doesn't start until delivery.
|
| Posted 2/5/08 1:23 PM |
| |
|
BabyFever
LIF Adult
Member since 8/06 1050 total posts
Name:
XXXXXXXXXX
|
Re: FMLA?
My job doesn't even call it fmla leave, they call it pregnancy leave for the first 6-8 weeks (when you get disability) then i have to go on a binding leave to get the full 12 weeks. Maybe this is how it works everywhere i don't know i just feel like i am not gettiing a clear answer from HR. Its it typical to haveto use your own time the first week of leave while they set everything up?
|
| Posted 2/5/08 1:44 PM |
| |
|
MrsS2005
Mom of 3
Member since 11/05 13118 total posts
Name:
B
|
Re: FMLA?
Posted by Preguntas
FMLA doesn't require you use any time, but your company may. You should ask your HR department.
This is not true. FMLA allows an employer to require an employee to substitute accrued paid time (i.e. vacation days) for FMLA leave.
|
| Posted 2/5/08 1:53 PM |
| |
|
Preguntas
it's pretty precious
Member since 1/07 3839 total posts
Name:
Lauren
|
Re: FMLA?
Posted by MrsS2005
Posted by Preguntas
FMLA doesn't require you use any time, but your company may. You should ask your HR department.
This is not true. FMLA allows an employer to require an employee to substitute accrued paid time (i.e. vacation days) for FMLA leave.
Exactly. It's not an FMLA rule- it's your employers.
|
| Posted 2/5/08 2:55 PM |
| |
|
MrsS2005
Mom of 3
Member since 11/05 13118 total posts
Name:
B
|
Re: FMLA?
Posted by Preguntas
Posted by MrsS2005
Posted by Preguntas
FMLA doesn't require you use any time, but your company may. You should ask your HR department.
This is not true. FMLA allows an employer to require an employee to substitute accrued paid time (i.e. vacation days) for FMLA leave.
Exactly. It's not an FMLA rule- it's your employers.
Actually, this is part of the FMLA regulations.
|
| Posted 2/5/08 3:53 PM |
| |
|
Preguntas
it's pretty precious
Member since 1/07 3839 total posts
Name:
Lauren
|
Re: FMLA?
Posted by MrsS2005
Posted by Preguntas
Posted by MrsS2005
Posted by Preguntas
FMLA doesn't require you use any time, but your company may. You should ask your HR department.
This is not true. FMLA allows an employer to require an employee to substitute accrued paid time (i.e. vacation days) for FMLA leave.
Exactly. It's not an FMLA rule- it's your employers.
Actually, this is part of the FMLA regulations.
I'm confused- it's the FMLA regulations to ALLOW an employer to make that decision, no?
So she needs to ask her employer whether it's the case. It's not an FMLA rule.
|
| Posted 2/5/08 4:39 PM |
| |
|
nicrae
He's here!
Member since 12/06 9289 total posts
Name:
Mommy
|
Re: FMLA?
FMLA starts after you deliver and runs concurrently with any time you have. I am a teacher and currently on maternity leave.
|
| Posted 2/5/08 5:19 PM |
| |
|
ckone
LIF Adult
Member since 8/06 3014 total posts
Name:
|
Re: FMLA?
Posted by Preguntas
FMLA doesn't require you use any time, but your company may. You should ask your HR department.
This is true.
|
| Posted 2/5/08 7:53 PM |
| |
|
MsMBV
:P
Member since 5/05 28602 total posts
Name:
Me
|
Re: FMLA?
The first 5 days of FMLA are unpaid. I had to use sick days to get paid those days.
|
| Posted 2/5/08 7:57 PM |
| |
|
headoverheels
s'il vous plaît
Member since 6/07 42079 total posts
Name:
LB
|
Re: FMLA?
Posted by MsMBV
The first 5 days of FMLA are unpaid. I had to use sick days to get paid those days.
this depends on your employer. i only get unpaid FMLA and my office policy is that i have to use sick/vacation/personal leave with FMLA time.
the bottom line is that FMLA guarantees that you can take a minimum of 12 weeks of and up to one year of time after your baby is born (or after you adopt a child). the FMLA time starts the day you deliver.
it depends on your employer how much, if any, is paid or unpaid, and if they make you take your accrued leave before or in conjunction with FMLA, or if you don't have to use it at all.
FMLA is simply a Dept. of Labor law put in place so mom's don't lose their jobs for taking time off when baby arrives.
also keep in mind that it only applies to companies with a certain number of employees, and you need to have worked a certain amount of time (either in months or hours) for that employer.
|
| Posted 2/5/08 8:04 PM |
| |
|
MsMBV
:P
Member since 5/05 28602 total posts
Name:
Me
|
Re: FMLA?
Posted by headoverheels
Posted by MsMBV
The first 5 days of FMLA are unpaid. I had to use sick days to get paid those days.
this depends on your employer. i only get unpaid FMLA and my office policy is that i have to use sick/vacation/personal leave with FMLA time.
the bottom line is that FMLA guarantees that you can take a minimum of 12 weeks of and up to one year of time after your baby is born (or after you adopt a child). the FMLA time starts the day you deliver.
it depends on your employer how much, if any, is paid or unpaid, and if they make you take your accrued leave before or in conjunction with FMLA, or if you don't have to use it at all.
FMLA is simply a Dept. of Labor law put in place so mom's don't lose their jobs for taking time off when baby arrives.
also keep in mind that it only applies to companies with a certain number of employees, and you need to have worked a certain amount of time (either in months or hours) for that employer.
Well this is true. My job also had an FMLA allowance that covered the additional $$ so I would get full pay when out on maternity. I got full pay for 8 weeks & 1/2 pay for 4. I took off 13 weeks total. (well I was supposed to, I got laid off when I returned).
|
| Posted 2/5/08 8:06 PM |
| |
|
headoverheels
s'il vous plaît
Member since 6/07 42079 total posts
Name:
LB
|
Re: FMLA?
Posted by MsMBV
Well this is true. My job also had an FMLA allowance that covered the additional $$ so I would get full pay when out on maternity. I got full pay for 8 weeks & 1/2 pay for 4. I took off 13 weeks total. (well I was supposed to, I got laid off when I returned).
that's cool about the pay - but they laid you off when you got back?  that's terrible!!
|
| Posted 2/5/08 8:30 PM |
| |
|
MrsPowers
So blessed!
Member since 11/06 10348 total posts
Name:
Ivelysse
|
Re: FMLA?
Talk to your employer again. Every place is different. keep asking questions until you get answers.
talk to other people at your job that have recently had babies.
Message edited 2/5/2008 8:37:36 PM.
|
| Posted 2/5/08 8:36 PM |
| |
|
jodi714
Love my little girl!
Member since 2/06 3621 total posts
Name:
Jodi
|
Re: FMLA?
I was under the impression that FMLA required employers to entitle all employes to 12 weeks of leave per year for their own medical care or a family member's (including maternity leave). How that 12 weeks is paid or not paid is the employers decision. Some employers allow way more than the 12 weeks or will offer better/worse compensation than others.
Where I work, I get 12 weeks, that's it, and I have to use all my sick and vacation first so when I return I will have no time left. I am not able to "save" my vacation or sick time and take more unpaid. I do get to collect NYS disability for 6 weeks but it will only be paid when I am using sick or upaid time (not vacation). Also, if I use all 12 weeks and get sick or a family member gets sick later in the year, I cannot take leave because I will have already used my allotted 12 weeks.
Every place is different so ask, ask, ask and if you don't understand, ask again. I called HR a million times to get it right!
|
| Posted 2/5/08 9:01 PM |
| |
|
clwp
Love my girls!
Member since 10/06 2114 total posts
Name:
mommy
|
Re: FMLA?
My understanding is my first 5 days are sick time at 100% pay, then disability covers me for 6 weeks at like 50% of my salary. The rest of my time is unpaid, no one has told me I must use my vacation time, if I should find out that I do, I will most definitely start my time 2 weeks prior to my inducing date so that I use up my vaca ahead of time. I'd prefer not to use it at that point - I'd rather have some vaca days for after I'm back at work. I'm sure I'll still be acruing some time afterward.
|
| Posted 2/5/08 9:08 PM |
| |
|
MrsS2005
Mom of 3
Member since 11/05 13118 total posts
Name:
B
|
Re: FMLA?
Posted by Preguntas
Posted by MrsS2005
Posted by Preguntas
Posted by MrsS2005
Posted by Preguntas
FMLA doesn't require you use any time, but your company may. You should ask your HR department.
This is not true. FMLA allows an employer to require an employee to substitute accrued paid time (i.e. vacation days) for FMLA leave.
Exactly. It's not an FMLA rule- it's your employers.
Actually, this is part of the FMLA regulations.
I'm confused- it's the FMLA regulations to ALLOW an employer to make that decision, no?
So she needs to ask her employer whether it's the case. It's not an FMLA rule.
FMLA regulations allow an employee to choose to substitute accrued time off for unpaid FMLA leave. If the employee does not choose this, FMLA allows an employer to require the employee to substitute accrued time off for unpaid FMLA leave.
I think we're basically saying the same thing. It's semantics, but employers can require this because of the FMLA regulations. It's an FMLA "rule" that is tied into company rules or policies. There is no rule that all employees must substitute accrued time off for unpaid leave, but if an employer chooses to require the substitution, the employer has that right b/c of FMLA.
|
| Posted 2/6/08 10:32 AM |
| |
|
MrsS2005
Mom of 3
Member since 11/05 13118 total posts
Name:
B
|
Re: FMLA?
Posted by clwp
My understanding is my first 5 days are sick time at 100% pay, then disability covers me for 6 weeks at like 50% of my salary. The rest of my time is unpaid, no one has told me I must use my vacation time, if I should find out that I do, I will most definitely start my time 2 weeks prior to my inducing date so that I use up my vaca ahead of time. I'd prefer not to use it at that point - I'd rather have some vaca days for after I'm back at work. I'm sure I'll still be acruing some time afterward.
Your employer needs to notify you before your leave if you are required to substitute vacation time for unpaid leave.
Your employer may have a more generous policy, but under FMLA, you do not have a right to accrue benefits (vacation days, etc) during your unpaid leave.
|
| Posted 2/6/08 10:40 AM |
| |
|
